Duncan v Duncan (HC 3068 of 2015; HH 232 of 2017) [2017] ZWHHC 232 (30 March 2017)

Duncan v Duncan (HC 3068 of 2015; HH 232 of 2017) [2017] ZWHHC 232 (30 March 2017)

The court found that the marriage had irretrievably broken down, the plaintiff was entitled to custody of the children, the defendant was to have reasonable access, and both parties were to contribute to child maintenance. The plaintiff's claim for spousal maintenance was dismissed as she was capable of self-support. The matrimonial home was to be retained by the plaintiff and children until the youngest child turned 18 or became self-sustaining, after which it would be shared equally.

Citation
[2017] ZWHHC 232
Parties
Plaintiff: Lara Jane Duncan; Defendant: Ian Cameron Duncan
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
30 March 2017
Case Number
HC 3068 of 2015 ; HH 232 of 2017
Procedural Posture
Civil Trial (family Law) / Judgment
Outcome
Decree of divorce granted; custody, access, maintenance, and property orders issued.
Legal Topics
Divorce, Custody, Maintenance, Division of Matrimonial Property
Source Language
English
Family Law Divorce Custody Maintenance Division of Matrimonial Property

Case Brief

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Parties

Lara Jane Duncan

Plaintiff

Ian Cameron Duncan

Defendant

Procedural Posture

Civil Trial (family Law) / Judgment

Legal Issues

  1. 1 Reasonable access to children by defendant
  2. 2 Quantum of child maintenance
  3. 3 Entitlement and quantum of post-divorce spousal maintenance

Ratio Decidendi

The court found that the marriage had irretrievably broken down, the plaintiff was entitled to custody of the children, the defendant was to have reasonable access, and both parties were to contribute to child maintenance. The plaintiff's claim for spousal maintenance was dismissed as she was capable of self-support. The matrimonial home was to be retained by the plaintiff and children until the youngest child turned 18 or became self-sustaining, after which it would be shared equally.

Court Disposition

Decree of divorce granted; custody, access, maintenance, and property orders issued.

Orders

  • Decree of divorce granted.
  • Plaintiff to have custody of minor children.